Confusing Lease Notice
We had a lease that went from Aug 15 2008 – Aug 15 2009. In the lease it states that if I want to renew the lease or end the lease I need to give at least 60 days notice so the landlord have time to find a new tenant. I told him when it…
We had a lease that went from Aug 15 2008 – Aug 15 2009.
In the lease it states that if I want to renew the lease or end the lease I need to give at least 60 days notice so the landlord have time to find a new tenant. I told him when it was less than 30 days left until the termination of the lease ending date (Aug 15), thinking the lease was expiring on the Aug 15 anyway and there is no automatic renewal in the lease or mention of month to month. Really confusing. He said nothing to me when I told him that we were leaving, just a OK, no problem.
Now my security deposit is being used to pay for the rent until my Landlord finds a new tenant, since he claims I never fulfilled the 2 months notice the lease says. He is also starting to accuse me for damages in the house common areas. The landlord refuses to listen and have nor stopped communicating with me. His last word was, you will hear from us when whatever is left of your deposit shows up in the mail.
If a lease terminates at a date without a option to automatic renewal, do you need to notify by law if you don’t intend to stay?
Also I paid to much in rent I found out since he added $150 to the rent after it was signed, claiming extra cost to fix a boiler, this in a email and not in the signed lease.
And is all of this legal action from the landlord?
On a personal note. All other Landlords we have been having for the last 6 years have loved us.
They are still contacting us every now and then when they available apartments to get us back. Not sure if this could be worth something in a court though.
As I mentioned on the other post, although you have breached a clause of the contract, yor landlord has not suffered any damage as a result of this breach. Furthermore, he has a duty to mitigate his damages, which means that he cannot simply wait around until you leave to then start to show the apartment and expect you to pay for the apartment’s vacancy after your lease term has ended.
Bohuma must be a landlord trying to help his/her brethren rook another tenant or an idiot, because that advice is all wrong. You can take your landlord to small claims court, which will not require a lawyer or other extensive costs.
But if a lease is from Period A – Period B, why do you need to inform him that you are moving out when the lease is up at Period B. I mean I know it is preferable to do and ofcourse a well mannered thing to do, IF you know you are leave as early as 60 days before it’s up. It should be in his interest to find out if it’s vacant after Period B so he can rent it out.
I know it might sound crazy, but if the lease doesn’t state anything about renewal or month to month — what happens if you stay after Period B then, staying in a apartment with no lease?
Assuming this is a market rate lease, you signed a contract, you should have read the terms and abided by them. If the lease says 60 days, that’s what it means. Generally speaking you should send a letter to the landlord by USPS to arrive before the 60 day period. I think you have probably lost your deposit. Unless your deposit is like $10,000 it’s not worth the legal fees to fight it. Only go to court if you think you’ll get back more than it will cost you in lawyers and court fees.
I realize that this post should probably be under tenants… sorry!